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(영문) 의정부지방법원 2014.02.06 2013고정2911
교통사고처리특례법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

The defendant is a person who drives B vehicles.

1. On August 2, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents, while driving the said vehicle under the influence of alcohol of 0.152% of alcohol content at around 18:00, and proceeding the first line road of the national highway No. 37 in New Lincheon-gun, New Lincheon-ri, at the speed of about 20km from the scopical to the scopical surface, and there was a vehicle to turn to the left over the center line at the center on the front side.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to ensure that he/she is obliged to live well in the traffic situation and safely drive the motor vehicle to prevent the accident from occurring.

Nevertheless, the defendant neglected this and led the vehicle to turn to the left at the front side beyond the center line, and brought the vehicle ahead of the center line, and brought the front front of the driver's seat of the victim C driver's D driver's seat and the front side of the driver's seat of the victim C driver's seat.

Ultimately, the Defendant suffered injury to the victim C, E, F, and G by occupational negligence as seen above, such as salt, tension, etc., requiring two weeks medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driven the above vehicle owned by the Defendant in the front of the Jinsung Docam, which is located in the Gamcheon-gun of Gyeonggi-do, in the form of a breath alcohol concentration of 0.152% at the time and time specified in the preceding paragraph, from the fish flusium located in the Gam-gun of Gyeonggi-do to the front of the Jinsung Docam

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actions of a host driver, report on the status of a host driver, and investigation report (applicable, etc. to the Ba mark);

1. The actual condition survey report;

1. A medical certificate (four copies);

1. Application of statutes on site photographs;

1. Article 3 (1), the proviso of Article 3 (2) and Article 3 (8) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of driving while driving a motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Punishment;

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